>K 461 

.913 
'opy 1 



cst virginia 

gst, Game and 
Fish Laws 



AND 



FEDERAL LAWS 



1913 



J. A. VIQUESNEY, Warden 



BELINGTON 




TPIBUNE PRINTING CO., CHARLESTON, W. VA. 



west virginia 

Forest, Game and 
Fish Laws 

AND 

FEDERAL LAWS 

1913 



J. A. VIQUESNEY.Warden 

BELINGTON 




TRIIUNE PRINTINO CO., CHARLMTON, W. VA. 






APPENDIX 






Lacy Bird Law. (Federal.) 

Weeks-McLean Law. (Federal.) 

Open Seasons under Weeks-McLean Law. 
(Federal.) 

General Information on Forest, Game and 
Fish Laws. 



T>, ftp a. 

MAR 27 1914 



»■• 



TABLE OF CONTENTS 



1. Forest, game and fish warden; term of office; 

compensation : report of mileage ; deputy 
wardens, their compensation ; ex-officio dep- 
uty wardens, their jurisdiction and com- 
pensation. 

2. To have charge of certain public matters and 

powers therefor ; biennial report to gov- 
ernor. 
.;. Authority and duties of chief deputy and 
deputy wardens ; penalty for violation of 

certain acts. 

4. Power to arrest , -for violations; penalty for 

neglect of duty. 
o. Seizure of fish, game or birds. 
(J. Bonds required from certain officers. 
7. Depositing matter in stream deleterious to 

propagation of fish ; penalty. 

5. Stationery and postage ; how provided ; how 

paid for. 
9. May employ attorney to aid in prosecutions. 

10. Powers to search persons, cars, etc. 

11. Court of justice shall issue search warrant; 

sale of goods seized ; disposition of proceeds 
of sale. 

12. Right to summon aid in making arrest; 

penalty for refusal to act ; arrest on Sun- 
day. 

13. Report of deputy wardens ; ex-officio war- 

dens ; justices ; when made. 

14. Use of ferrets for catching rabbits ; penalty. 

15. Penalty for false return as to moneys col- 

lected. 

16. Penalty for interference with wardens. 

17. Title to wild game, etc., in state. 

18. License to hunt; how procured; license fees; 

to whom paid ; penalty for failure to pro- 
duce license ; consent of guardian required 
for minors ; penalties for violations of sec- 
tion. 



Sec. 

19. Protection of skunk ; penalty : prosecutions ; 

power of justices ; presumption of guilt. 

20. Penalty for transfer or sale of license. 

21. Closed season; open season. 

22. Game animals: what are considered. 

23. When unlawful to have in possession ; when 

lawful. 

24. Deer ; when to kill ; shall not chase with 

dogs : penalties for transportation of game 
beyond limits of state. 
2". Season for killing certain animals and birds; 
number allowed killed; unlawful to trap, 
snare, etc. ; penalty for violation of sec- 
tion ; may capture for purpose of prop- 
agation. 

26. Unlawful to catch by seine, trap, etc. 

27. Unlawful to hunt, kill or pursue on Sunday ; 

penalty for violations. 

28. Prosecutions to be in name of state ; fee al- 

lowed prosecuting attorney. 

29. Witnesses ; when incompetent. 

•'!i». Moneys collected for violations; how disposed 
of. 

31. Requisition and extradition expenses. 

32. What considered game birds. 

33. Destruction of eggs and nests. 

34. Shall not. transport. 

35. Penalty for violations of sections 33, 34, 35. 

36. Right to take birds, etc., for scientific pur- 

poses. 
•"»T. Certificate to collect birds, etc. ; to and bj 
whom issued ; how secured ; fee to be paid ; 
penalty for violations. 

38. Certificate ; when expires ; not transferable. 

39. Birds not protected. 

40. Wild non-game birds as domestic pets. 

41. Accidental shooting of human being or live 

stock ; penalty for. 

42. No open season for certain birds; penal i.\ 

for violation of section. 
-V.\. Pish; how to catch; where can seine; when: 
registry of seines ; length of fish caught : 
how to measure ; certain season in certain 
counties ; lawful to catch suckers ; owners 
may take from private pond; letting water 
out of pond ; penalty therefor ; erection of 
trespass signs; penalty for violation of 
provisions of section. 



Sec. 

44. Lawful to destroy nets, traps, etc. ; unlawful 

to have seines In possession ; penalty pro- 
vided ; obstruction of water course ; con- 
struction of ladder under supervision ; vio- 
lation of provisions ; time limit construc- 
tion of ladder or way. 

45. Unlawful to employ for purpose of killing ; 

serving by hotel ; penalty. 

46. Use of dynamite, etc., penalty. 

47. Unlawful to sell explosives for purpose of 

killing ; penalty therefor. 

48. Unlawful to build fires in connection with 

whom ; penalty for violation ; owner et al 
may arrest. 
40. Unlawful to shoot across public road ; near 
school house ; on lands of another ; near oc- 
cupied dwelling house ; penalty. 

50. Warden shall be ex-officio fire warden ; 

deputies to extinguish fires ; means used ; 
may hire volunteers ; forfeit for refusal to 
serve ; report origin of fire ; amount ex- 
pended putting out. 

51. Deputy wardens; compensation of; services 

at forest fires ; court to fix wage ; charge 
against county ; statement of deputy to 
county court. 

52. Fires built in forest; failure to extinguish; 

penalty for violation ; willful firing of 
woods ; penalty. 

53. Railroad right-of-way ; removal of inflamma- 

ble materials ; when ; shall provide spark 
arresters ; prevent escape of fire from 
furnace ; shall not deposit ashes on tracks 
or right of way ; trainmen to report fires ; 
to whom ; violation of provisions by em- 
ployee ; penalty. 

54. Warden to recover damages ; no bar to right 

of individuals to recover. 

55. Maliciously setting fire to woods, fences, etc. ; 

punishment ; liability for damages. 

56. Unlawful setting fire to woods, etc. ; Punish- 

ment ; liability for damages. 

57. Elk ; no open season ; punishment for vio- 

lation of section. 



FOREST, GAME AND FISH 
LAWS 



Sec. 1. Forest, Game and Fish Warden — 
Appointment— Term of. office — Removal — 
Compensation and mileage — Chief deputy 
wardens — Appointment — Term of office — 
Compensation and mileage — Deputy wardens 
— Appointment — Term of office — Compensa- 
tion — Ex officio deputy wardens — Compensa- 
tion. 

The governor shall between the first day 
of June and the first day of July, one 

thousand nine hundred and nine, appoint 
some person, a citizen of this state, whose 
term of office shall begin on the first day of 
July, one thousand nine hundred and nine, to 
the office of forest, game and fish warden. 
Said warden shall hold this office for four 
years and until his successor has been ap- 
pointed and qualified, unless sooner removed 
for cause by the governor. He shall receive 
for his services the sum of eighteen hundred 
dollars per annum, to be paid out of the 
treasury, quarterly, after being duly audited ; 
and shall be allowed mileage of three cents a 
mile while traveling by railroad or steamboat, 



and ten cents a mile while traveling other- 
wise than by railroad or steamboat, for the 
distance necessarily traveled while actually 
in the discharge of his official duties as such 
warden. Provided, however, that the mileage 
expenses of said warden shall be reported 
quarterly under oath to the governor and ap- 
proved by him; and provided, further, that 
such mileage expenses shall not, in any one 
year exceed five hundred dollars. Said 
warden shall devote all of his time to 
the discharge of the duties of his office, 
imposed upon him by law. Said war- 
den shall appoint two persons who are 
citizens of this state and one of whom shall 
reside in the eastern section of the state, 
chief deputy wardens of forest, game and 
fish, said chief deputies shall hold their office 
at the pleasure of the warden appointing 
them. Said chief deputies shall each receive 
for their services the sum of nine hundred 
dollars a year, to be paid out of the treasury 
quarterly after being duly audited, and shall 
be allowed mileage of three cents a mile 
while traveling by railroad or steamboat, and 
ten cents a mile while traveling otherwise 
than by railroad or steamboat for the dis- 
tance traveled for the purpose of performing 
the duties imposed upon them by law, and 
they shall devote all their time thereto, such 
mileage expenses of either of said chief depu- 
ties shall be reported quarterly under oath to 
the warden and approved by him, and for- 



8 

warded to the governor and approved by him; 
provided, however, that said mileage in any 
one year shall not exceed four hundred dol- 
lars to each chief deputy warden. The war- 
den shall appoint such persons as he may 
deem fit, who are citizens of this state, to act 
as deputy wardens in the several counties of 
this state. Said deputy wardens shall hold 
their office at the pleasure of the forest, game 
and fish warden. The sheriffs, deputy sheriffs 
and constables in the several counties of this 
state shall be ex-officio deputy wardens there- 
in, and the chiefs of police of the cities, towns 
and villages of this state shall also be ex- 
officio deputy wardens therein and their juris- 
diction shall extend no further than their re- 
spective counties, cities, towns and villages. 
All said deputy wardens, either appointed or 
ex-officio. shall receive for their services one- 
half of the fines imposed by any justice or 
court having jurisdiction, and collected in 
each prosecution, instituted by any such 
deputy warden, and the other half of such fine 
shall be paid to forest, game and fish warden, 
who shall pay the same over to the treasurer 
of the state to be credited by him as 
other fines are credited; but no fees or 
moneys shall be paid any deputy for services 
rendered as such deputy warden, out of the 
treasury of this state, and in any prosecution 
under this chapter, section two of chapter 
thirty-six of tne Code of 1899 and section 1159 
of the Code of 190G, shall not apply to any 
warden. (Acts 1909, c. GO. Code Sec. 2759.) 



Sec. 2. Same — General duties — Biennial 
reports — Examination of books and vouchers 
by state auditor. 

The forest, game and fish warden shall 
have general charge of the following 
public matters, and necessary powers there- 
for. The collection and diffusion of such 
statistics, literatures and information as he 
may deem useful in regard to the protection 
of forests and the protection and propagation 
of game and fish, the publishing thereof, and 
the taking charge of and keeping all reports, 
hooks, papers and documents which shall, in 
the discharge of his duties hereunder, come 
into his possession and control, and the insti- 
tution of all proper legal proceedings to en- 
force the provisions of law, now in force, or 
hereafter enacted, in reference to forest, 
game and fish. Said warden shall, on or before 
the first day of January, 1911, and biennially 
thereafter, submit to the governor, a detailed 
report showing what has been done by him 
during the preceding biennial period, the 
amount of ail moneys received by him and 
from what sources, in detail, a complete in- 
ventory of all game and other property seized 
and sold and the amount received therefor 
and the amount of disbursements in detail. 
The books and vouchers of said warden shall 
be subject to examination by the auditor of 
the state at all times. (Acts 1909, e. 60, Code 
Sec. 2760.) 



10 

Sec. 3. Chief deputy wardens and deputy 
wardens— General powers and duties — Com- 
promise or settlement of prosecutions — Pun- 
ishment. 

The chief deputy and deputy wardens 
shall act and be under the direction and 
supervision of said forest, game and fish 
warden. Said chief deputy and deputy war- 
dens sha"l have authority, and it shall be 
their duty, to enforce the game, fish and forest 
laws of this state, now in force or hereafter 
enacted for the protection of forests and 
protection, preservation of game, fish and 
birds, ami shall be immediately responsible 
to (he warden, and shall report all matters 
under their jurisdiction whenever reeiuestcd 
by him and receive instructions from him. It 
si 1 all be unlawful for any deputy warden, 
either appointed or ex-officio to settle, com- 
promise or adjust any prosecution under this 
chapter and to receive moneys from ouy 
violator or alleged violator of any of the pro- 
visions thereof, unless the same are moneys 
received in the payment of fines imposed in 
due process of law by a justice or court hav- 
ing jurisdiction of the offense charged, and 
if- any such deputy .. warden.. shal.1 receive any 
moneys from any such violator or alleged 
violator, either as such settlement and com- 
promise or to prevent any prosecution there 
for. such deputy warden shall be guilty of a 
felony and upon conviction thereof, shall be 
confined in the penitentiary not less than one 



11 

nor more than five years. ( Acts 1909, c. 60. 
Code Sec. 2761.) 

Sec. 4. Arrests for violations of game, 
fish or forest laws — Power to make — Neglect 
to cause offenders to be apprehended — 
Punishment. 

The forest, game and fish warden and 
appointed deputy wardens shall have full 
power to execute and serve any warrant or 
process of law, issued by any justice of the 
peace or by any court having jurisdiction un- 
der the law, relating to game, fish, birds and 
forests in the same manner as any constable 
or sheriff might serve or execute such pro- 
cess, and may arrest on sight without a war- 
rant, any person or persons, detected by them 
actually violating any of the provisions of the 
laws of this state relating to tne game, fish, 
birds and forests, and may take such person 
or persons, so offending, before any court, or 
justice of the peace, having jurisdiction of 
the offense and make proper complaint be- 
fore such court, or justice, which shall pro- 
ceed with the case in the manner as provided 
by law. Any such appointed warden, who on 
receiving information from a reliable person- 
of the violation of the game, fish, or foresi 
laws, neglects or refuses to thoroughly in- 
vestigate such alleged violation, and appre- 
hend or attempt to apprehend the offender 
shall be guilty of a misdemeanor and upon 
conviction thereof, shall be fined not less than 



12 

ten dollars nor more than fifty dollars for 
each offense. (Acts 1909, c. GO. Code Sec. 
27G2.) 

Sec. 5. Seizure of fish, game or birds. 

The warden and deputy wardens shall 
seize and take possession of, on sight and 
without process, any fish, game or birds 
found in the possession of any person or 
persons, or corporation which is so in posses- 
sion contrary to law. (Acts 1909, c. 60. Code 
Sec. 2763.) 

Sec. 6. Bonds of warden and chief deputy 
wardens. 

The forest, game and fish warden and 
the chief deputy wardens shall each, be- 
fore entering upon the discharge of their re~ 
spective duties, execute a bond, the warden 
in the penalty oi three thousand dollars and 
the chief deputies in the penalty of one thou- 
sand dollars with security therein to be ap- 
proved by the governor, and conditioned for 
the faithful performance of their duties, and 
to account for and pay over all moneys and 
property coming into their hands due and 
belonging to the state, which said bonds, 
after having been approved by the governor, 
shall be deposited with the auditor (Acts 
1909, c. 60. Code Sec. 2767.) 



Sec. 7. Depositing matter in stream dele- 
terious to propagation of fish— Penalty* 

It shall be unlawful for any person, firm or 
corporation, to throw in, or allow to enter, 
any stream or water course, in this state, 
saw-dust or any other matter deleterious to 
the propagation of fish. Any person, firm or 
corporation violating any of the provisions of 
this section shall he guilty of a misdemeanor, 
and fined not less than twenty-five dollars, 
nor more than one hundred dollars for each 
and every such offense. (Acts 1903, c. 47. 
Code Sec. 2768.) 

Sec. 8. Printing, blanks, stationery and 
postage for warden. 

The forest, game and fish warden shall 
be allowed all necessary printing, printed 
blanks, stationery and postage; but be- 
fore he shall incur any expense for print- 
ing he shall first make requisition there- 
for upon the governor, who, in his dis- 
cretion, approving the same, shall issue his 
warrant to the warden for said printing, the 
coot and expenses therefor to be paid out of 
the treasury. (Acts 1909, c. 60. Code Sec. 
2784.) 

Sec. 9. Institution of proceedings for 
violations of game, fish, bird and forest laws 
— Employment of attorneys, when. 

The forest, game and fish warden and 
deputy wardens may make complaint and 



14 

cause proceedings to be instituted against 
any person, or persons, or corporations, for 
the violation of any of the game, fish, 
bird and forest laws without the sanc- 
tion of the prosecuting attorney of the county 
wherein such proceedings are instituted; and 
in all such cases they shall not be required to 
give security for costs. Any of said officers 
may also appear in any court of competent 
jurisdiction in this state, in any case for vio- 
lation of any of the laws for the protection 
of Forests, or the protection, preservation and 
propagation of game, fish and birds, and 
prosecute the same in the manner and with 
the same authority as the prrosecuting at- 
torney of the county in which such proceed- 
ings are had. And in such cases they may in 
the event of the refusal or neglect of the 
prosecuting attorney to act, employ an at- 
torney of their choice, and to such attorney, 
or to the prosecuting attorney if he shall 
act, there shall be taxed in the costs, upon 
conviction, a fee of ten dollars in such case. 
(Acts 1909, c. CO. Code Sec. 2785.) 

Sec. 10. Searches and seizures — Powers 
and duties of warden and deputy wardens. 

The forest, game and fish warden and depu- 
ty wardens shall have the power to search 
any person and examine any boat, vehicle, 
conveyance, express car, railroad car, fish 
box, fish basket, game bag or game coat, or 
any other receptacle in which game, birds or 
fish could be placed, concealed or conveyed, 



if, 

whenever they have reason to believe that 
they will secure or discover evidence of a 
violation of the game and fish laws of this 
state; and any hindrance or interference, or 
attempt to hinder or interfere, with such 
search and examination, shall be prima facie 
evidence of a violation of the law by the 
person or persons who hinder or interfere, 
or attempt to hinder or interfere, with such 
search and examination. Said officer, or 
officers, shall, at any and all times, seize 
and take possession of any and all game. 
fish, birds, and animals which have been 
caught, taken or killed at any time, in any 
manner or for any purpose, or had in pos- 
session or under control or have been 
shipped, contrary to any of the laws of this 
state, such search and seizure may be made 
without warrant; and the warden or deputy 
wardens shall not be liable for false seizure 
of such birds, game" or fish. (Acts 1909. 
c. 60. Code Sec. 2786.) 

Sec. 11. Same — Issuance of search war- 
rants — Sale of property seized. 

That any justice or court having juris- 
diction of the offense upon receiving in- 
formation of probable cause for believing 
that any game, birds or fish, caught, 
taken, killed, had in possession, under 
control, or shipped, contrary to or in 
violation of any of the laws of this state, 
shall issue a search warrant, and cause a 



16 

search to be made in the manner provided by 
law, in any place, and to that end may cause 
any buildings, dwelling house, enclosure, or 
car to be entered forcibly, if necessary, and 
any apartment, chest, barlocker, refrigerator, 
crate, basket or package, broken open and the 
contents thereof examined by the forest, 
game and fish warden or deputy wardens. 
All game, fish or birds, seized by any of said 
officers, shall be sold under the direction of 
the justice or court before whom the offense 
is tried, or search warrant issued, and the 
proceeds of all sales shall be paid into the 
treasury of the state. (Acts 1909, c. 6D. 
Code Sec. 2787.) 

Sec. 12. Arrests, and searches and seiz- 
ures.— Summoning aid. 

Any of the officers herein, whose duty 
it is to enforce the game, fish, bird and 
forest laws of this state, shall have the 
same right and power as sheriffs to sum- 
mon aid in making arrests, seizures, or 
executing any process; and any person, or 
persons, so summoned, and refusing to act 
shall be liable, upon conviction, to the same 
fines and penalties, the same as if summoned 
by a sheriff. Such arrest may be made on a 
Sunday, in which case the person, or per- 
sons, arrested shall be taken before a justice, 
Slaving jurisdiction, and proceeded against as 
soon as may be on a week day following such 
arrest. (Acts 1909, c. 60. Code Sec. 2788.) 



17 

Sec. 13. Reports by deputy wardens, ex- 
officio wardens, justices and Judges — Con- 
tents. 

The appointed deputy wardens shall on 
the first of the months of February, June, 
September and December of each year make 
a report under oath to the forest, game and 
fish warden which reports shall show in de- 
tail the work done by them severally during 
the three months next preceding. The forest, 
game and fish warden shall furnish the depu- 
ty wardens all necessary blank forms and 
stationery for making said report. All such 
reports shall show an account of the suits 
commenced, the justice or court before whom 
such proceedings were had, the number and 
kinds of game, fish, birds and property 
seized, and what disposition was made of the 
same, the amounts of proceeds of sale, and 
the amount of money, if any, received by him 
for fines imposed, or from any other source 
provided for by this chapter. All ex-officio 
deputy wardens shall make a report to the 
forest, game and fish warden on the first days 
of February, June, September and December 
of each year if they have instituted any pro- 
ceedings or collected any moneys under the 
provisions of this chapter during such pre- 
ceding three months, and all deputy war- 
dens shall within thirty days after its re- 
ceipt pay over to the forest, game and fish 
warden the fines collected by him, and the 
bonds of all ex-officio wardens shall be lia- 



18 

ble for any such moneys received by them. 
All justices and judges before whose courts 
any case under this chapter comes shall on 
the first day. of February, June, September, 
and December, of each year, if there has 
teen before this court any case under this 
chapter, report to the state forest, game and 
fish warden all moneys collected by him and 
the status of all cases pending or started in 
his court. (Acts 1909, c. 60. Code Sec. 2789.) 

Sec. 14. Use of ferrets in catching rab- 
bits — Penalty. 

It shall be unlawful for any person to 
have in his possession for the purpose of 
using, or to use a ferret for the purpose of 
catching rabbits or driving them from their 
burrows. Any person convicted of an offence 
under this section shall be fined not less than 
five nor more than twenty dollars for each 
offense. (As amended Acts 1897, c. 30. Code 
Sec. 2790.) 

Sec. 15. False returns of moneys col- 
lected or disbursed — Punishment. 

The forest, game and fish warden and 
deputy wardens, or any other officer who 
shall make any false return as to moneys 
collected or disbursed by him, as provided 
for in this chapter or does not pay over 
to the proper officer as provided in this 
chapter, moneys collected by him for fines 



19 

shall be deemed guilty of a felony, and 
upon conviction thereof shall be confined in 
the penitentiary not less than one year nor 
more than five years. (Acts 1909, c. 60. 
Code Sec. 2791.) 

Sec. 16. Hindering, obstructing or inter- 
fering with warden or deputy wardens — 
Punishment. 

Any person who hinders, obstructs or 
interferes with, or attempts to hinder, ob- 
struct or interfere with, the forest, game 
and fish warden and deputy wardens in 
the discharge of any of their respective 
duties herein shall be deemed guilty of a 
misdemeanor, and upon conviction thereot 
shall be fined not less than twenty-five 
dollars nor more than two hundred dollars, 
together with the costs of the prosecution, 
and in default of payment thereof shall be 
confined in the county jail until said fines 
and costs are paid; provided, however, that 
such imprisonment shall not exceed ninety 
days. (Acts 1909, c. CO. Code Sec. 2792.) 

Sec. 17. Title to wild game, fish and birds 
to be in state. 

The ownership of, and the title to, all 
wild game, wild birds, both resident and 
migratory, and all fishes in the state of 
West Virginia, are hereby declared to be in 
the state, and no such game, birds or fishes. 



20 

shall be taken or killed in any manner, or at 
any time, except the person so taking or 
killing the same shall consent that the title 
thereto shall be and remain in the state of 
West Virginia, for the purpose of regulating 
the use and disposition of the same after 
such taking or killing. The taking or killing 
of wild game, birds or fishes, at any time or 
in any manner or by any person, shall be 
deemed a consent of such person that the 
title thereto shall be and remain in the state, 
for the purpose of regulating the use or dis- 
position of the same. (Acts 1909, c. GO. 
Code Sec. 2792al.) 

Sec. 18. License to hunt — How procured 
— License fees — To whom paid — Penalty for 
failure to produce license — Penalties for vio- 
lation of section — Consent of guardian re- 
quired for minors. 

No person, not a citizen and resident 
of this state, shall at any time, hunt, 
pursue, kill or catch any wild game ani- 
mals or wild game birds in this state 
without first having secured a license so 
to do, and then only during the respective 
periods when it shall be lawful to hunt such 
game animals and game birds. Such license 
shall be procured in the following manner, 
to-wit; 

The applicant shall go before the county 
clerk of any count v within this state and fill 



21 

out a blank application, stating his name, 
age, occupation or profession, weight, height, 
place of residence, color of hair, eyes and 
complexion; the application shall be sub- 
scribed in ink and sworn to by the applicant, 
said applicant making oath that his state- 
ments are correct and true to the best of his 
knowledge and belief, before the county clerk 
issuing said license; the applicant shall at 
the same time pay to the county clerk the 
sum of fifteen dollars as a license tax, and a 
fee of fifty cents to said clerk for issuing such 
license; provided, however, that any such 
non-resident may fill out said application and 
swear to the same before a notary public or 
any other official of any foreign state whose 
certificate is authorized to be accepted for 
the recordation of deeds to be recorded with- 
in this state, and which said official shall 
affix his official seal to his certificate, and 
said applicant shall then send the said appli- 
cation to the county clerk of any county 
within this state, together with the tax and 
fee hereinbefore provided for, and such clerk 
shall send said applicant such license. 

Said license shall bear the seal of the 
county court of the county in which it was 
issued and shall be signed by the clerk. All 
such license tax shall be paid by the county 
clerk to the state treasurer on the first day 
of each month for the next month preceding 
and a report thereof be made to the forest, 
game and fish warden. Such license shall 



22 

entitle the person to whom it is issued to 
hunt and kill game in any county in this 
state at any time when it shall be lawful to 
hunt, pursue and kill such game; and no 
person to whom such license has been issued, 
shall be entitled to hunt, pursue or kill game 
in this state, without at the time of such 
hunting, pursuing or killing of game he 
shall have such license in his possession; 
and he shall exhibit the same to any officer 
of this state, or owner, tenant or lessee of 
any land on which such person or persons 
are hunting, on demand of such officer or 
person. All such licenses shall be good and 
valid in the county where issued for the 
period of one year next succeeding its issue. 
Any person reqyired by law to have and 
claiming to hold a license to hunt in this 
state, having in his possession any gun or 
other hunting paraphernalia in such woods 
or fields, shall on failure to produce such li- 
cense for inspection to any warden of this 
state, or owner or agent of the owner of 
such woods and fields, on demand, be deemed 
guilty of a misdemeanor and shall be pun- 
ished on conviction as provided later in thi3 
section. All non-resident members of any 
club or organization owning or leasing a 
game preserve in this state, shall each be 
required to secure a hunters' license as here- 
inbefore provided for. Any person found 
guilty of violating any of the provisions of 
this section shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall 



23 

be fined not less than twenty-five nor more 
than fifty dollars for each and every offense, 
in addition to the costs of the prosecution, 
and in addition thereto may be confined in 
the county jail for a period not exceeding 
thirty days, in the discretion of the justice 
or court trying the case and upon failure to 
pay any fine or costs, the person or persons 
so convicted, shall be confined in the county 
jail until such fine and costs are paid, but 
such imprisonment shall not exceed twenty 
days for any one offense. No hunters' li- 
cense shall be issued to any minor under the 
age of fifteen years, without the consent in 
writing from the parent or guardian of such 
minor, such consent to be filed with the 
clerk of the county court issuing such license. 
(As amended Acts 1911, c. 47. Code Sec. 
2793.) 

Sec. 19. Protection of skunk — Penalty — 
Prosecution — Powers of Justices — Presump- 
tion of guilt. 

It shall be unlawful for any person, at 
any time, to catch, kill or injure, or to 
pursue with intent to catch, kill or injure, 
the skunk or polecat, except in defense 
of property, in any county of this state; pro- 
vided, that before this act shall go into effect 
it shall be ratified by a majority of the voters 
in any county of the state which desires its 
adoption; and upon the petition of one hun- 
dred or more voters of a county to the county 



24 

court thereof the said court shall submit the 
question of its adoption therein to the voters 
of that county to be voted upon at a general 
election to be held therein, and shall cause 
to be printed upon the ballots used in such 
election the words, "For the skunk law," and 
"Against the skunk law," and if a majority 
of the votes cast be in favor of said law then 
the said court shall declare the same to be 
the law of that county and enter the same 
of record. 

And in any county where this act has been 
adopted, as herein provided, and it is de- 
sired at any time thereafter to repeal the 
same, in such county, it may be done in the 
same manner as is provided herein for the 
adoption of this act. 

Any person violating this section shall be 
guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than ten 
dollars, nor more than fifty dollars, and may, 
at the discretion of the court or justice try- 
ing the case, be confined in jail not more 
than thirty days. Any justice of the peace, 
for the county in which the offense was com- 
mitted, shall have concurrent jurisdiction of 
all offenses under this section. Any person 
found with any recently killed skunk or 
pole-cat skins in his possession shall be pre- 
sumed to have killed the same. (As amended 
Acts 1903, c. 44. Code Sec. 2803.) 



Sec. 20. Transfer or sale of hunting li- 
censes — Punishment. 

Any person who shall, at any time, alter 
or change in any manner, or loan, sell or 
transfer to another any license provided 
for in section nineteen of this chapter, or 
the person buying or borrowing such li- 
cense, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall 
be fined not less than twenty nor more than 
fifty dollars and in addition thereto may be 
confined in the county jail not more than 
thirty days. (Acts 1909, c. GO. Code Sec. 
2803al.) 

Sec. 21. "Close season" and "close time" 
— "Open season" and "open time." 

The words "close season," and "close 
time," shall mean the time or period during 
which it is unlawful to hunt, pursue, catch, 
shoot, wound, trap or destroy any bird or 
animal, or to fish or catch any fish, and the 
words "open season," and "open time," shall 
mean the open time or period during which 
it shall be lawful to take these animals, birds 
and fish, as specified and limited by law, 
(Acts 1909, c. 60. Code Sec. 2803a2.) 

Sec. 22. Game animals and birds — What 
are. 

For the purpose of this chapter the 
following are considered game animals, to- 



26 

wit: deer and squirrel. And the following 
shall be considered game birds, to-wit: the 
anatadae, commonly known as ducks, geese, 
swan and brant; the raillidae, commonly 
known as mud hens, rails, coots and gallin- 
ules; the limicolae, commonly known as 
shore birds plover, snipes, woodcock, tat- 
tlers, curlews, ortolan, sandpiper; and gal- 
linae commonly known as wild turkey, ruffed 
grouse or pheasant, quail or bob white. (Acts 
1900, e. 00. Code Sec. 2803a3.) 

Sec. 23. Same — Buying, selling or having 
in possession or transporting or receiving 
for transportation certain animals, birds and 
fiish — Exceptions — Punishment. 

It shall be unlawful for any person to 
buy, sell or have in possession any of 
the animals, wild fowl or birds mentioned 
in section twenty-two of this chapter, at 
any time when the killing, trapping, 
netting and snaring of such animals wild 
fowl or birds shall be unlawful, or which 
shall have been killed, trapped, netted or 
snared contrary to the provisions of this 
chapter; and it shall further be unlawful for 
any person or persons, firm or corporation, 
at any time, to purchase or offer to purchase 
or to sell or to expose for sale, or have in his, 
or their possession for the purpose of selling, 
any quail, ruffed grouse, or pheasant, wood 
cock, wild turkey, wild goose, swan, brant, 
wild ducks of any kind, plover, snipe, sand 



27 

piper, squirrel, deer or venison; trout of any 
species, salmon of any; species, pike, bass or 
silver perch or any of the birds, fish or game 
prohibited to be caught or killed at any time 
by the provisions of this chapter, and it shall 
te unlawful for any person or persons, thru 
or corporation, or common carrier, to receive 
for transportation, or to transport carry or 
convey, any quail, ruffed grouse or pheasant, 
wood cock, wild turkey, wild geese, swan, 
brant, wild ducks of any kind, plover, snipe, 
sand piper, squirrel, deer or venison or game 
fishes, mentioned in this section that shall 
have been caught, snared, taken, trapped or 
killed at any time, within the limits of this 
state, knowing, or having reason to believe, 
the same had been sold, or to transport, carry 
or convey the same outside of this state for 
any purpose, Provided, that it shall be law- 
ful to have any such game animals, birds or 
fishes in possession for a period not exceed- 
ing twenty days after the open season there- 
of is ended and the close season thereon has 
begun. Any person, or persons, firm or cor- 
poration, guilty of violating any of the pro- 
visions of this section shall be deemed guilty 
of a misdemeanor and on conviction thereof, 
shall be fined not less than twenty-five dol- 
lars nor more than one hundred dollars for 
each and every offense, and the costs of the 
prosecution.. And in default of the payment 
of such fine and costs shall be confined in the 
county jail until the same is paid, not to ex- 



28 

ceed, however, the period of sixty days. The 
selling, exposing for sale, having in. posses- 
sion for sale, transporting or carrying and 
conveying, contrary to the provisions of this 
section, of each and every animal, fish or 
bird mentioned in this section, shall consti- 
tute a separate offense. (Acts 1909, c. 60. 
Code Sec. 2803a4.) 

Sec. 24. Hunting, etc., deer — Killing or 
having in possession deer, etc., for transpor- 
tation outside state — Punishment. 

No person shall hunt, chase, kill or wound 
any deer, from the first day of December until 
the fifteenth day of October following, of any 
year, except tame deer owned by the person 
killing the same; nor shall any one person 
kill more than two deer in any one season. 
No person, or persons, shall chase or hunt 
deer with dogs in this state at any time. 
No person shall at any time kill any fawn, 
doe or any deer other than bucks with horns 
or antlers over four inches in length, or 
have the fresh skin of any fawn in his pos- 
session. No person shall at any time, kill or 
have in his possession any deer, quail, pheas- 
ant or ruffed grouse, wild turkey squirrel or 
any part of the same, or game fishes, with 
the intention of sending or transporting the 
same or having the same sent or transported 
beyond the limits of this state. Any person 
violating any provision of this section shall 
be guilty of a misdemeanor and on convic- 



29 

tion thereof shall he fined not less than 
twenty-five nor more than fifty dorars for 
each and every deer unlawfully hunted, 
chased, wounded or killed, and for each fawn 
skin had in possession, and not less than 
twenty dollars nor more than fifty dollars 
for each and every quail, ruffed grouse or 
pheasant, wild turkey or any part of the 
same, for each and every game fish, and for 
each and every deer or part of deer, killed 
or had in possession with the intention of 
sending or transporting the same, or having 
the same sent or transported beyond the 
limits of this state. And in addition to the 
fine, or fines, prescribed in this section the 
person, or persons convicted may be confined 
in the county jail not to exceed sixty days 
for each and every offense; and upon default 
of the payment of the fine and costs, shall 
be confined in the county jail until the same 
are paid, but not to exceed a period of sixty 
days. (Acts 1909, c. '60. Code Sec. 2803a5.) 

Sec. 25. Closed season for certain animals 
and birds — Limitation on number of animals 
and birds which may be killed in open season 
— Use of seine, net, bait, trap, etc., to catch 
certain birds — Penalties — Certificates per- 
mitting collection of birds, etc. 

It shall be unlawful for any person to 
catch, kill or injure, or pursue with the 
intent to catch, kill or injure, any ruffed 
grouse or pheasant, or wild turkey between 



30 

the first day of December and the fifteenth 
day of October of the following year; or 
any quail or Virginia partridge between 
the first day of December and the first 
day of November following; nor any gray, 
black, red or fox squirrel between the first 
day of December and the thirty-first day 
of August, both inclusive, of the following 
year. Nor shall any person kill more than 
twelve quail or six ruffed grouse or two wild 
turkeys in any one day, nor more than ninety- 
six quail or twenty-five ruffed grouse or six 
wild turkeys in any one open season. No 
person shall kill any wild duck, wild goose 
or brant between the twentieth day of April 
and the first day of September; provided, 
that the wood duck shall not be killed at any 
time within this state; wood cock, plover, 
rail, ortolan or sand piper between the twen- 
tieth day of December and the fifteenth day 
of July following; or any snipe between the 
first day of March and the fifteenth day of 
October following. 

It shall be unlawful for any person at any 
time to catch by seine, net, bait, trap or 
snare of any kind or device, any wild turkey, 
ruffed grouse or pheasant or quail. 

Any person violating any of the provisions 
of this section shall be guilty of a misdemean- 
or and, upon conviction thereof, shall be fined 
not less than twenty-five dollars nor more 
than fifty dollars for each offense, and in the 
discretion of the justice or court trying the 
case, be imprisoned in the county jail for a 



31 

period not exceeding thirty clays for each 
offense; and in default of the payment of the 
fine and costs, the person convicted be con- 
fined in the county jail for a period not ex- 
ceeding thirty days unless such fine and costs 
te sooner paid. Provided, however, that the 
forest game and fish warden or deputy war- 
dens or otner persons, under the direction of 
the warden, may capture by any means any 
of the game birds or game animals to keep 
them alive for propagation purposes. And 
provided, further, that the warden may give 
written permission to any responsible person, 
as provided by section thirty-eight of this 
chapter. (Acts 1909, c. 60. Code Sec. 2803a7.) 

Sec. 26. Use of seine, net, bait, trap, etc., 
to catch certain birds. 

It shall be unlawful for any person at 
any time to catch, by seine, net, bait, trap 
or snare of any kind or device, any wild 
turkey, ruffed grouse or pheasant or quail. 
(Acts 1909, c.60. Code Sec. 2803a8.) 

Sec. 27. Same — Punishment — Hunting, 
etc., on Sunday — Punishment. 

It shall be unlawful to hunt, catch, kill, or 
injure or pursue with intent to hunt, catch, 
kill or injure, any wild animals or birds, or 
fish, on the first day of the week, commonly 
known as Sunday. 

Any person violating any of the provisions 



32 

of this section or section twenty-six hereof 
shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall he fined not less 
than ten dollars nor more than twenty-five 
dollars, and in default of the payment of fine 
and costs, be committed to the county jail for 
a peiiod of not more than thirty days, unless 
said fine and costs are sooner paid. (Acts 
1909, c. GO. Code Sec. 2803a9.) 

Sec. 28. Prosecution for violations of this 
chapter — To be in name of state — Jurisdic- 
tion — Fee for prosecuting attorney. 

All prosecutions under this chapter shall 
be in the name of the State of West 
Virginia, before any court or justice, hav- 
ing jurisdiction, and the justice shall have 
concurrent jurisdiction with the circuit and 
other courts in all misdemeanors, and in 
any case in which the prosecuting attorney 
appears, a fee of ten dollars shall be al- 
lowed him, to be taxed as a part of the costs 
of the case, and collected off the defendant, 
in case he is convicted. (Acts 1909, c. 60. 
Code Sec. 2803al0.) 

Sec. 29. Same — Witnesses — Privilege and 
competency. 

Every person called as a witness in any 
case for the violation of any of the pro- 
visions of this chapter, shall be compelled 
to testify fully; but his testimony shall not 



33 



be given in evidence against him in any 
prosecution for such offense; and no person 
against whom such witness shall so testify, 
shall be competent as a witness for the state 
in the prosecution against such witness for 
the same offense or matters to which said 
witness so testified nor for any violation of 
any provision of this chapter alleged to have 
been committed before the commencement of 
the prosecution in which he is examined as 
such witness. (Acts 1909, c. 60. Code Sec. 
2803all.) 

Sec. 30. Same — Moneys collected — Dispo- 
sition of. 

All moneys collected and due the state, 
under and by virtue of the provisions of 
this chapter, shall be disposed of, as fol- 
lows: The net proceeds of all fines collected 
from convictions of the violations of any sec- 
tion of this chapter, shall after the payment 
of the amounts fixed by this chapter to the 
proper deputy w r ardens and the costs as pro- 
vided by law be paid into the state treasury 
and credited to the "school fund" of the 
state, as provided by the constitution ; all 
other moneys due the state by virtue of any 
of the provisions of this chapter shall be paid 
into the state treasury and credited to the 
"forest, game and fish protective fund." 
(Acts 1909, c. 60. Code Sec. 2803al2.) 



34 

Sec. 31. Same — Requisitions and extradi- 
tion. 

In all cases where any person has been 
indicted for the violation of any of the pro- 
visions of this chapter, and has escaped or 
removed to another state, all costs of requisi- 
tion and extradition papers and all other 
costs and expenses of securing and bringing 
such person back into this state, shall be 
charged as a part of the costs of prosecution 
against such person; and, if such costs of 
requisition and extradition papers and ex- 
penses cannot be secured from such person, 
they shall be paid out of the "forest, game 
and fish protective fund." (Acts 1909, c. CO. 
Code Sec. 2803al3.) 

Sec. 32. Killing, catching, having in pos- 
session or selling or transporting certain 
birds — Selling or having in possession plum- 
age, etc., of certain birds — Game birds de- 
fined. 

That no person shall within the state of 
West Virginia kill or catch or have in his 
or her possession, living or dead, any wild 
bird other than a game bird; or purchase, 
offer or expose for sale, transport for sale, 
transport or ship within or without the state, 
any such wild bird after it has been killed or 
caught, except as permitted by this chapter. 
No part of the plumage, skin or body of any 
bird protected by this section shall be sold 



35 

or had in possession for sale, irrespective of 
whether said bird was captured or killed 
within or without the state. For the purpose 
of this chapter all the birds and species of 
birds named in section twenty-two of this 
chapter only shall be considered game birds. 
(Acts 1909, c. GO. Code Sec. 2803al4.) 

Sec. 33. Taking, etc., nests or eggs of 
certain birds — Exceptions. 

No person shall, within the state of West 
Virginia take or needlessly destroy or at- 
tempt to take or destroy the nest or eggs 
of any wild bird other than a game bird, or 
have such nest or eggs in his or her pos- 
session, except as permitted by this chapter. 
(Acts 1909, c. 60. Code Sec. 2803al5.) 

Sec. 34. Transportation of certain birds. 

No person or persons or any corporation 
acting as a common carrier, its officers, agents 
or servants, shall ship, carry, take or trans- 
port, either within or beyond the confines of 
the state, any resident or migratory wild non- 
game bird. (Acts 1909, c. CO. Code Sec. 
2803al6.) 

Sec. 35. Penalties for violations of sec- 
tions 2803a14 — 2803a16. 

Any person violating sections thirty-two, 
thirty-three and thirty-four shall be guilty of 



36 

a misdemeanor and upon conviction thereof 
shall be fined not less than ten dollars and 
may be confined in the county jail at the 
discretion of the court or justice for a 
period of not more than thirty days. (Acts 
1909, c. 60. Code Sec. 2803al7. 

Sec. 36. Taking birds, nests, or eggs for 
scientific purposes. 

Sections thirty-two, thirty-three and 
thirty-four of this chapter shall not apply 
to any person holding a certificate giving 
the right to take birds, their nests, or 
eggs for scientific purposes only as provided 
for in section thirty-seven of this chapter. 
(Acts 19t)9, c. 60. Code Sec. 2803al8.) 

Sec. 37. Same — Certificates to collect — To 
and by whom issued— Fee for — Taking birds, 
etc., for other than scientific purposes — For- 
feiture of certificate and punisnment. 

Certificate may be granted by the forest, 
game and fish warden to any properly 
accredited person of the age of fifteen 
years or upwards, permitting the holder 
thereof to collect birds, their nests, or 
eggs for scientific purposes only; the ap- 
plicant for same must present to said 
officer written testimonials from two well- 
known ornithologists who must be resi- 
dents of West Virginia, certifying to the good 
character, and fitness of said applicant to be 



37 

entrusted with such privilege; must pay said 
officer one dollar to defray the necessary ex- 
penses attending the granting of such cer- 
tificate. On proof that the holder of such 
certificate has killed any bird or taken the 
nest of any bird for other than strictly 
scientific purposes, his certificate shall be- 
come void and he shall be liable to a fine not 
exceeding one hundred dollars or imprison- 
ment not exceeding thirty days, or both, at 
the discretion of the court. (Acts 19D9, c. 60. 
Code Sec. 2803al9.) 

Sec. 38. Same — Certificates to collect — 
Expiration — Transfer. 

The certificate authorized by section 
thirty-seven of this chapter shall expire on 
the thirty-first day of December of the year 
issued, and shall not be transferable. (Acts 
1909, c. 60. Code Sec. 2803a20.) 

Sec. 39. Birds not potected by chapter. 

The English or European house sparrow, 
owls, hawks, eagles, crows and king fishers 
are not included among the birds protected 
by this chapter. (Acts 1909, c. GO. Code Sec. 
2803a21.) 

Sec 40. Wild non-game utrds as domestic 
pets. 

Nothing in this chapter shall prevent 
a citizen of West Virginia from taking or 



38 






keeping any wild non-game bird in a cage a3 
a domestic pet; provided, that such bird shall 
not be sold or exchanged, or offered for sale 
or exchange, or transported out of this state. 
(Acts 1909, c. 60. Code Sec. 2803a22.) 

Sec. 41. Negligently shooting or killing 
human being or live stock while hunting — 
Punishment. 

Whoever, while engaged in hunting or 
pursuing wild game or game birds, negli- 
gently or carelessly shoots or wounds or 
kills any human being, or any live stock, 
shall be deemed guilty of a misdemeanor, 
and on conviction thereof, shall be fined 
not exceeding one thousand dollars, and in 
the discretion of the court trying the case, be 
confined in the county jail for a period of not 
exceeding one year. (Acts 1909, c. 60. Code 
Sec. 2803a23.) 

Sec. 42. No open season for certain birds 
— Killing, etc. — Punishment. 

There shall be no open season on the 
following named game birds: Hungarian 
partridge, Reeve's pheasant, English pheas- 
ant, Lady Amherst's pheasant, Chinese 
pheasant, caporcailzie or any other foreign 
game birds introduced into this state by 
the wardens or any person or persons, or 
associations. It shall be unlawful for any 
person to catch, kill or injure any of the 
species of game birds mentioned in this 



39 

section. Any person violating any provision 
of this section shall be deemed guilty of a 
misdemeanor, and upon conviction, shall be 
fined not less than twenty-five dollars nor 
more than fifty dollars, and, in the discretion 
of the court or justice trying the case be con- 
fined in the county jail for a period of not. 
more than sixty days; and upon default of 
the payment of fine and costs, he shall be 
confined in the county jail not less than twen- 
ty days, unless said fine and costs are sooner 
paid. Each bird shall constitute a separate 
offense. (Acts 19-09, c. 60. Code Sec. 2803a24.) 

Sec. 43. Fish — Closed season—Manner of 
taking — Restrictions on length of fish which 
may be taken — Fishing in private waters — 
Penalties. 

It shall not be lawful for any person 
to catch or destroy any of the fish in the 
creeks or rivers in this state by means 
of a drag or other net, fish pots, weirs, traps, 
by sledging, shooting or other devices (ex- 
cept by hook and line) at any time; provided, 
hGioever, that any person may set a trot line, 
the hooks on which shall not be less than two 
feet apart, and, that seines may be used in the 
Ohio River from the fifteenth day of Novem- 
ber to the first day of March following, but 
each seine so used must be registered by the 
owner or user with the forest, game and fish 
warden and the size of mesh must be twa 
inches from knot to knot. Nor shall it be 



40 

lawful for any person to catch and have in 
his possession any jack salmon, commonly 
called jack fish, or any white salmon of less 
than seven inches in length, or any pike of 
less than ten inches in length, or any black 
bass less than seven inches in length, or any 
trout less than five inches in length, or any 
fish caught out of season or caught in any 
manner prohibited by law. And all fish less 
than the length prescribed herein shall be 
returned to the water immediately with as 
little injury as possible. And the measure- 
ment of fish shall be from end of nose to 
center form of tail. 

It shall be unlawful to take or destroy any 
jack salmon, (commonly called jack fish or 
white salmon) in any manner between the 
fifteenth day of April and the fifteenth day 
of June of each year; or to catch or destroy 
any trout or land-lock salmon in any manner 
between the first day of September and the 
first day of April of each year. It shall not 
be lawful for any person to catch any black 
bass, green bass, willow bass, rock bass, pike 
or pickerel, or wall eyed pike (commonly 
known as salmon) between the fifteenth day 
of April and the fifteenth day of June of 
each year; except that in the counties of 
Brooke, Hancock and Ohio the time shall be 
from April fifteenth to May twenty-ninth of 
each year; nor shall any person catch or kill 
any of said fishes or fish at any other time 
during the year, save only with a rod hook 



41 

and line; except, it shall be lawful to catch 
fish of the sucker variety known as suckers, 
carp, mullet, and red horse, by gig, spear, 
looping or in any other way at any time; it 
shall be unlawful to kill bass or any other 
game fish by spear, gig, shooting or skipping 
or jumping. 

It shall not be lawful for any person to 
catch or destroy fish in any dam or pond the 
property of any person, except with the con- 
sent of the owner of such dam or pond, un- 
less such dam or pond be in some of the rivers 
in this state. But nothing in this chapter 
shall be construed as to prevent the catching 
of minnows or other small fish, except salmon, 
bass, shad and trout by means of hand, or 
cast nets, to be used for angling or scientific 
purposes; nor to prevent the warden of the 
state or his deputies or any person with their 
or his consent from catching any fish at any 
time with nets or seins for the purpose of 
propagation or stocking other waters, nor to 
prevent any person from taking in any way 
fish from his private clam, spring or pond at 
any time. 

Any person who shall knowingly wilfully 
let the water out of any pond mentioned here- 
in with the intent to take or injure fish there" 
in, shall be guilty of a misdemeanor and shall 
be punished, upon conviction, by imprison- 
ment in the county jail not less than one 
month nor more than six months, or by a fine 
of not less than fifty nor more than two nun- 



42 

dred dollars, or by both fine and imprison- 
ment. 

The owners or those in control of lands or 
rights in land, in or bordering upon any pond 
designated in this act, shall have erected and 
maintained in a conspicuous place along these 
ponds when they are un-enclosed, a sign at 
least a foot square and which shall have 
thereon the name of the party in control and 
the words "Trespassers warned off under pen- 
alties of the law." Any person who shall 
wilfully and wrongfully tear down, deface or 
injure the boards provided for in this section 
shall be guilty of a misdemeanor and liable to 
a penalty as hereinafter provided. 

Any person violating any provision of this 
section, except as otherwise herein provided, 
shall be guilty of a misdemeanor and for 
every conviction thereof shall be fined not 
less than ten dollars nor more than one hun- 
dred dollars and may, at the discretion of 
the court or justice trying the case, be con- 
fined in the county jail not exceeding thirty 
days. (Acts 1909, c. GO. Code Sec. 2803a25.) 

Sec. 44. Nets, traps, etc., for taking fish — 
Destruction— Use of seines — Possession of 
seines as prima facie evidence — Punishment 
—Building, etc., dams to obstruct passage of 
fish — Punishment- — Investigation of violation 
of section. 

It shall be lawful for any person at any 
time, to remove or destroy any nets, traps 



43 

or other devices placed in any creeks, runs 
or rivers within this state, except regis- 
tered seines in the Ohio River, as provided 
for in this chapter, and the person or per- 
sons claiming ownership or possession of 
such nets, seines or other devices shall have 
no recourse at law against the party destroy- 
ing the same. 

It shall be unlawful for any person or per- 
sons to be found upon the creeks or small 
streams of this state where fish are taken 
with seines, (except minnow seines) in their 
possession and if so found, such possession 
shall be prima facie evidence that the same 
were used unlawfully. In all prosecutions 
under this act it shall be prima facie evidence 
sufficient on the part of the state to show 
that the defendant was found upon the creeks 
or small streams where fish are taken with 
such seine in his possession. 

Any person violating any of the above pro- 
visions of this section shall be guilty of a 
misdemeanor, and upon conviction thereof 
shall forfeit such net or seine (which net or 
seine shall be destroyed by order of the jus- 
tice or court), and pay a fine of not less than 
ten dollars nor more than fifty dol.ars ; or be 
confined in jail not exceeding thirty days. 

And no person, firm or corporation, shall 
build, erect, keep or maintain any dam or 
anything in any river, creek or water course 
in this state, which shall in any way or man- 
ner prevent or obstruct the free and easy 



44 

passage of fish lip or down such river, creek 
or other water course without placing, build- 
ing or erecting on such dam or other thing, a 
good and sufficient ladder or way so planned 
or built as to allow all fish to easily ascend 
or descend the same; and said ladder or way 
shall be constructed upon plans and in a man- 
ner and at a place satisfactory to the forest, 
game and fish warden of the state of West 
Virginia. Any person, firm or corporation 
violating this provision shall be guilty of a 
misdemeanor, and upon conviction thereof 
shall be fined not less than ten dollars nor 
more than fifty dollars; and each week shall 
constitute a separate offense; provided, that 
any person, firm or corporation now main- 
taining or keeping any such dam or other 
thing, shall be allowed six months from the 
time this act shall take effect in which to 
comply therewith. 

And it shall be the especial duty of said 
forest, game and fish warden, upon the in- 
formation of the violation of this provision, 
to immediately investigate the same, and 
cause this provision to be fully carried out. 
(Acts 1909, c. GO. Code Sec. 2803a26.) 

Sec. 45. Employment of persons to unlaw- 
fully take, etc., game, birds, or fish — Serving 
game, birds, etc., at hotels, etc. — Punish- 
ment. 

It shall be unlawful for any person, firm 
or corporation to employ or hire in any way. 



directly or indirectly or by the use of money 
or other thing of value, to induce or persuade 
any other person, firm or corporation to kill, 
catch or deliver to such first named or any 
other person, firm or corporation, any deer, 
wild turkey, quail, pheasant or ruffed grouse, 
or any other wild game or wild birds, or 
trout, bass, salmon or any other game fish, 
the sale of which game or fish is prohibited 
by this chapter, and the serving of any such 
tirds, game or fish killed or caught in this 
state by any hotel restaurant or other li- 
censed place where meals are furnished for 
pay, shall be deemed a sale of such birds, 
game or fish. 

And it shall be unlawful for any person, 
firm or corporation to kill, catch or deliver 
for money or other thing of value, either 
directly or indirectly any such game, birds or 
fish. 

Any person, firm or corporation violating 
this section shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined 
not less than ten nor more than fifty dollars 
and may be confined in the county jail at 
the discretion of the court or justice for a 
period of not exceeding thirty days, and each 
animal, bird or fish so served, killed, caught 
or delivered shall constitute a separate of- 
fense. (Acts 1909, r. 60. Code Sec. 2803a27.) 



46 

Sec. 46. Use of explosives, drugs, or elec- 
tricity to take fish — Prima facie evidence — 
Punishment. 

It shall be unlawful for any person to 
kill or attempt to kill any fish by use of 
dynamite or any other explosive mixture, 
or by the use of poisonous drug substance, 
bait or food, or by the use of electricity, 
lime or other thing of like nature. And 
the placing of any such article in any stream, 
pond or lake, shall be deemed and taken to 
be prima facie proof of intention to violate 
this section. 

Any person violating this section shall be 
guilty of a felony, and upon conviction there- 
of shall be confined in the penitentiary for a 
period not less than six months nor more 
than two years, and may at the discretion of 
the court be fined not less than fifty nor more 
than two hundred dollars. (Acts 1909, c. 6<>. 
Code Sec. 2803a28.) 

Sec. 47. Sale or gift of explosives, etc., to 
take fish — Punishment. 

It shall be unlawful for any person, firm 
or corporation to sell, give or furnish, 
directly or indirectly any dynamite or 
any other explosive or killing mixture or 
any poisonous drug, bait or food to any 
person, when such person, firm or cor- 
poration knows or has reason to believe that 
such dynamite or other explosive or killing 



47 

mixture or poisonous drug, bait or food are 
intended to be used for the purpose of killing 
fish. Any person, firm or corporation violat- 
ing this section shall be guilty of a misde- 
meanor and upon conviction thereof, shall for 
each offense, be fined not less than twenty-five 
nor more than one hundred dollars, and may 
at the discretion of the court be confined in 
the county jail not exceeding thirty days. 
(Acts 1909, c. GO. Code Sec. 2803a29.) 

Sec. 48. Shooting, hunting, fishing, fowl- 
ing, camping, peeling trees, cutting timber, 
building fires, etc., on enclosed or improved 
lands of another without permission — Pun- 
ishment — Arrest of violators. 

It shall be unlawful for any person to 
shoot, hunt, fish or fowl upon the enclosed 
or improved lands of another person, or 
to camp, peel trees, cut trees or timber, 
build fires or do any other act or thing 
therein in connection with or auxiliary to 
shooting, hunting, fishing or fowling on 
the lands of another person without per- 
mission in writing from the owner, lessee 
or other person entitled to the possession 
of such lands, or the tenant or agents of 
such owner, lessee or person entitled to the 
possession thereof, duly authorized to give 
such written permission, and every person 
hunting fishing, shooting or fowling upon 
such lands shall have such written permis- 
sion with him when so doing, 



48 

Any person violating any of the provisions 
of this section shall be deemed guilty of a 
misdemeanor, and upon conviction thereof 
shall be fined not less than ten dollars nor 
more than fifty dollars, and may in the dis- 
cretion of the court or justice, be confined in 
the county jail not more than thirty days; 
and if any person be convicted a third time 
of such offense, he shall be confined in the 
county jail for a period of not less than three 
nor more than thirty days in addition to any 
fine imposed, and in all cases he shall be con- 
fined in the county jail until the fine and 
costs are paid; provided, that such time shall 
not exceed thirty days. It shall be lawful for 
the owner, lessee, or the person entitled to 
the possession of such lands or the agent 
thereof to arrest any such person found vio- 
lating this section and immediately take him 
before a justice of the peace for trial, and 
such owner, lessee, person or agent, are here- 
by vested with all the powers and rights of 
a deputy game warden for such purpose; and 
it is hereby made the duty of the warden and 
all deputies to see that this section is en- 
forced; if requested so to do by such owner, 
lessee, person or agent but not otherwise. 
(As amended Acts 1911. c. 47. Code Sec. 
2803a3(U 



49 

Sec. 49. Shooting across public road, or 
near schoolhouse, or on lands of another ap 
purtenant to or near occupied dwelling— 
Punishment. 

It shall be unlawful for any person to 
shoot or discharge any fire arms in or 
across any public road in this state at any 
time or within four hundred feet of any 
school house, or shoot or discharge any fire- 
arms on the lands of another on any lawn 
or orchard or on any pleasure ground or 
other ground which is directly appurtenant 
to or within six hundred feet of any occupied 
dwelling house. Any person violating this 
I ion shall be guilty of a misdemeanor and 
upon conviction thereof shall be fined not 
less than ten dollars nor more than fifty dol- 
lars, or at the discretion of the court or jus- 
tice, imprisoned not more than thirty days. 
(Acts 1909, c. 60. Code Sec. 2803a31.) 

Sec. 50. Forest fires — Fire warden— Depu- 
ty fire wardens — Powers and duties — Hiring 
volunteers or summoning assistance to ex- 
tinguish fires. 

The forest, game and fish warden shall 
be ex-officio fire warden of the state of 
West Virginia, and all deputy wardens 
shall also be deputy fire wardens for their 
respective counties in which each may re- 
side. In case of fire in or threatening to 
forest or woodland, the deputy fire wardens 



50 

of the comity, wherein such Are is. shall upon 
receiving notice thereof, forthwith attend ami 
• use all necessary means to confine and ex- 
tinguish the same. He may destroy fences 
1 lough land, or, in an emergency, set hack- 
fires to check fire. He may hire volunteers 
or summon any resident of his County to 
assist in putting out fires. Any person sum- 
moned, who is physically able and refuses to 
assist, shall forfeit the sum of ten dollars as 
a penalty therefor. An action of trespass 
shall not lie against persons crossing or 
working upon lands of another to extinguish 
fire. In case a forest fire burn over more 
than one acre of land the deputy fire warden 
of the county in which it occurs, shall make 
report thereof to the warden, giving the ar> ;i 
burned over, the quantity of timber, wood, 
logs, bark or other forest product, and of 
fences, bridges and buildings destroyed, with 
an estimate of the value thereof. He also 
shall report the cause of such fire and the 
means used and cost expended in putting it 
out. (Acts 1909. c. GO. Code Sec. 2803a32.) 

Sec. 51. Same — Deputy fire wardens — 
Compensation. 

Deputy wardens shall receive the sum 
of -two dollars per day for the time actually 
employed at forest fires and each county 
court may fix the price to be paid per 
day, not exceeding two dollars, for ser- 
vices of laborers at forest fires in their 



51 

I ective counties, and servo notice thereof 
on the warden and the deputy wardens, resi- 
cf< at in such county. All services rendered 
at foresl fires shall be a charge against the 
county, and each deputy warden shall render 
within twenty days after such lire to the 
county court thereof a sworn statement of 
the time used by him at such fire, with the 
location of the same and the names of all 
persons hired or summoned by him, who as- 
sisted him thereat, together with the time 
each worked, and the county court shall pay 
such deputy warden and assistants out of 
the county funds, after it has examined such 
reports and is satisfied with the correctness 
thereof, (Acts 1909, c. Co. Code Sec. 2803"a33\) 

Sec. 52. Same — Negligent building or use 
of or failure to extinguish — Punishment. 

Whoever by himself, or by his servants, 
agents, or guide, or as the servant, agent or 
guide of any other person, shall build any 
fire, or use an abandoned fire in a field, public 
or private road, or adjacent to, or in any 
woods or forest in this state, shall, before 
leaving such fire, totally extinguish the same, 
and upon failure to do so, such person, or 
persons, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be 
fined not less than twenty-five dollars nor 
more than one hundred dollars and the costs 
of the prosecution and upon default in pay- 
ing said fine and costs, shall be confined in 



52 

the county jail not more than ninety days 
unless said fine and costs be sooner paid, II 
any person, or persons, negligently set on 
fire, any woods, fields or lands within this 
state, so as thereby to occasion loss, damage 
or injury to any other person, he shall be 
guilty of a misdeamenor, and on conviction 
thereof, shall be fined not less than fifty 
dollars nor more than five hundred dollars, 
and in the discretion of the justice or court 
trying the case, be imprisoned in the county 
jail not to exceed one year, and upon default 
in payment of the fine and costs, he shall be 
imprisoned in the county jail not to exceed 
six months, and if any person or persons wil- 
fully set on fire any woods, fields or lands 
within this state, not his own, so as to there- 
by occasion damage or injury to any other 
person, he shall be guilty of a felony, and on 
conviction thereof shall be confined in the 
penitentiary not less than one nor more than 
two years. (Acts 1909 c. GO. Code Sec. 
2803a34.) 

Sec. 53. Removal of inflammable material 
from railroad rights of way — Spark extin- 
guishers on engines — Prevention of escape 
of fire from engine ash pans and furnaces- 
Punishment for violation of section. 

Every railroad company shall, on such 
part of its road as passes through forest 
lands or lands subject to fires from any 
cause, cut and remove from its right of 



53 

way along such lands, at least twice a 
year, all grass, brush and other inflam- 
mable materials, and employ in seasons 
of drought and before vegetation has re- 
vived in the spring, sufficient trackmen to 
promptly put out fires on its rights of way; 
provide locomotives thereon with netting of 
steel or iron wire so constructed as to give 
the best practicable protection against the 
escape of fire and sparks from the smoke 
stacks thereof, and adequate devices to pre- 
vent the escape of fire from ash pans and 
furnaces which shall be used on such loco- 
motives. 

No railroad company or employee thereof 
shall deposit fire coals or ashes on its track 
or right of way near such lands. In case of 
fire on its own or neighboring lands, the rail- 
road company shall use all practicable means 
to put it out. Engineers, conductors or train- 
men discovering or knowing of fires in fences 
or other material along or near the right of 
way of the railroad in such lands shall re- 
port the same at the first station to the sta- 
tion agent, and such station agent shall forth- 
with notify the nearest fire warden and use 
all necessary means to extinguish the same. 
And any officer or employee of a railroad 
company violating any provisions of this sec- 
tion shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined a sum 
not less than twenty nor more than two him 



54 

died dollars., ( Acts 1909, c. GO. Code Sec. 
2803a35.), 

Sec. 54. Forest fires — Recovery of expense 
of extinguishment — Recovery of damages. 

The forest, game and fish warden in the 
name of the county in which any forest fire 
has occurred, and) which has been extin- 
guished or suppressed by his efforts, shall re- 
cover from the person or persons, firm or cor- 
poration, giving origin to such fire, the 
amount so expended in extinguishing said 
fire and the costs thereof, and the same shall 
nol bar the rights of damage between the 
i arties thereto. (Acts 1909, c. CO. Code Sec. 
2803a3G.) 

Sec. 55. Maliciously setting fire to woods, 
fences, etc. — Punishment — Liability for dam- 
ages. 

If any person unlawfully and maliciously 
set fire to any woods, fence, grass, straw 
or other thing capable of spreading fire 
on lands, he shall be fined not exceeding one 
hundred dollars, and confined in jail not less 
than two nor more than twelve months, and 
shall moreover be liable to any person in- 
jured thereby, <>r m consequence thereof, for 
double the amount of damages sustained b 
such person. (Acts 1882, c. 148. Code Sec. 
4242.) 



55 

Sec. 56. Unlawful setting fire to woods, 
fences, etc. — Punishment— Liability for dam- 
ages. 

If any of the acts mentioned in the next 
preceding section be done unlawfully but 
not wilfully or maliciously, the person 
guilty thereof shall be fined not exceeding 
fifty dollars, and shall moreover be liable to 
any person injured thereby, or in consequence 
thereof, for all such damages as may be sus- 
tained by such person. (Acts 1882, c. 148. 
Code Sec. 4243.) 

Sec. 57. Elk — No open season — Punish- 
ment for violations of section. 

No person shall hunt, chase, wound or 
kin any elk in this state at any time for 
a period of fifteen years from and after 
the passage of this Act, provided that the 
owner of any elk, which shall be kept in 
any park or field, sufficiently enclosed to 
reasonably prevent their escape thereform. 
shall have the right to kill any elk of his 
own; provided further that such owner 
may pursue, recapture or kill any of his 
elk that may escape from his enclosure. 

Any person violating any provision of this 
acl shall be guilty of a felony, and on convic- 
tion thereof shall be confined in the peniten- 
tiary not less than six months nor more than 
five years. (Acts 1913r Passed February 21, 
3.913.) . 



APPENDIX 



FEDERAL LAW 



(La- ( y Act.) 

(From the Criminal Code of the United 
States.) 

Sec. 241. The importation into the United 
States, or any Territory or District thereof, 
of the mongoose, the so-called "flying foxes" 
or fruit bats, the English sparrow, the star- 
ling, and such other birds and animals as the 
Secretary of Agriculture may from time to 
time declare to be injurious to the interests 
of agriculture or horticulture, is hereby pro- 
hibited; and all such birds and animals shall 
upon arrival at any port of the United States- 
be destroyed or returned at the expense of the 
owner. No person shall import into the 
United States or into any Territory or Dis- 
trict thereof, any foreign wild animal or bird, 
except under special permit from the Secre- 
tary of Agriculture: Provided, That nothing 
in this section shall restrict the importation 
of natural history specimens for museums or 
scientific collections, or of certain cage birds, 
such as domesticated canaries, parrots, or 



57 

such other birds as the Secretary of Agricul- 
ture may designate. The Secretary of the 
Treasury is hereby authorized to make regu- 
lations for carrying into effect the provisions 
of this section. 

Sec. 242. It sliall be unlawful for any per- 
son to deliver to any common carrier for 
transportation, or for any common carrier to 
transport from any State, Territory or Dis- 
trict of the United States, to any other State. 
Territory, or District thereof any foreign 
animals or birds, the importation of which is 
prohibited, or the dead bodies or parts there- 
of of any wild animals or birds, where such 
animals or birds have been killed or shipped 
in violation of the laws of the State, Terri- 
tory, or District in which the same were 
killed, or from which they were shipped: 
Provided, That nothing herein shall prevent 
the transportation of any dead birds or ani- 
mals killed during the season when the same 
may be lawfully captured, and the export of 
which is not prohibited by law in the State, 
Territory, or District in which the same are 
captured or killed: Provided further. That 
nothing herein shall prevent the importa- 
tion, transportation, or sale of birds or bird 
plumage manufactured from the feathers of 
barnyard fowls. 

Sec. 243. All packages containing the 
dead bodies, or the plumage or parts there- 
of, of game animals, or game or other wild 
birds, when shipped in interstate or foreign 



58 

commerce, shall be plainly ami clearly 
marked, so ihat the name and address of 
the shipper, and the nature of the contents, 
may be readily ascertained on an inspection 
of the outside of such package. 

Sec. 244. For each evasion or violation 
of any provision of the three sections last 
preceding, the shipper shall be fined not 
more than two hundred dollars; the con- 
signee knowingly receiving such articles 
so shipped and transported in violation of 
said sections shall be fined not more than 
two hundred dollars; and the carrier know- 
ingly carrying or transporting the same in 
violation of said sections shall be fined not 
more than two hundred dollars. 



Federal Law for the Protection 
of Migratory Birds. 



(Weeks-McLean Lav/.) 

(Extract from an Act making appropria- 
tions for the Department of Agriculture for 
the fiscal year ending June thirtieth, nine- 
teen hundred and fourteen.) 

Be it enacted by the Senate and House of 
Representatives of the United. States of 
America in Congress assembled, All wild 
geese, wild swans, brant wild ducks, snipe, 
plover, woodcock, rail, wild pigeons, and all 
other migratory game and insectivorous 
birds which in their northern and southern 
migrations pass through or do not remain 
permanently the entire year within the bor- 
ders of any State or Territory, shall here- 
after be deemed to be within the custody and 
protection of the Government of the United 
States, and shall not be destroyed or taken 
contrary to regulations hereinafter provided 
therefor. 

The Department of Agriculture is hereby 
authorized and directed to adopt suitable 
regulations to give effect to the previous 
paragraph by prescribing and fixing closed 
seasons, having due regard to the zones of 
temperature, breeding habits, and times and 



60 

line of migratory flight, thereby enabling the 
department to select and designate suitable 
districts for different portions of the coun- 
try, and it shall be unlawful to shoot or by 
any device kill or seize and capture migra- 
tory birds within the protection of this law 
during said closed seasons and any person 
who shall violate any of the provisions or 
regulations of this law for the protection of 
migratory birds shall be guilty of a misde- 
meanor and shall be fined not more than 
$100 or imprisoned not more than ninety 
days, or botn, in the discretion of the court. 
The Department of Agriculture, after the 
preparation of said regulations, shall cause 
the same to be made public, and shall allow 
a period of three months in which said regu- 
lations may be examined and considered be- 
fore final adoption, permitting, when deemed 
proper, public hearings thereon, and after 
final adoption shall cause the same to be en- 
grossed and submitted to the President f 
the United States for approval: Provided, 
however, That nothing herein contained 
shall be deemed to affect or interfere with 
the local laws of the States and Territories 
for the protection of nonmigratory game or 
other birds resident and] breeding within 
their borders, nor to prevent the States and 
Territories from enacting laws and regula- 
tions to promote and render efficient the 
regulations of the Department of Agricul- 
ture provided under this statute. 



61 

There is hereby appropriated, out of any 
moneys in the Treasury not otherwise ap- 
propriated for the purpose of carrying out 
these provisions, the sum of $10,000. 

Approved, March 4, 1913. 

Federal Protection of certain Migratory 
Eirds in West Virginia as adopted by the 
U. S. Department of Agriculture under the 
Weeks-McLean Law. 

OPEN SEASONS. 
Effective October 1, 1913. 

Woodcock July 15 to December 20 

Black-breasted and Golden 

Plover July 15 to December 16. 

Yellow Legs, Wilson or 

.j^ks3Mpe„ . v . .October 15 to December 1(5. 

Rap>- £■;-, ■ '■ ■ H July 45j to December 1 . 

DA#tfc- • f -Sept. 1 to January 16. 

Goose :'. rfsSept. 1 to January n>. 

Wood duck — Closed season until Sept. ' 171918. 

All hunting prohibited on Sunday. 

All hunting of migratory birds between 
sunset and sunrise prohibited. 



INFORMATION ON FOREST, GAME AND 
FISH LAWS. 

When, bow and where you may Hunt and 
Fish. 

OPEN SEASON. 
GAME 
DEER — (with horns over four inches 
long) Oct. 15th to Dec. 1st. SQUIRREL— 



62 

(Gray. Black, Red, Fox) Sept. 1st, to Dec. 
1st. RABBIT and all fur bearing animals, 
no closed season. SKUNK — is protected in 
counties where protection has been approved 
by majority of voters. It is unlawful to pur- 
sue deer with dogs at any time. ELK — No 
Open Season. 

BIRDS. 

QUAIL — (Virginia Partridge) Nov. 1st, to 
Dec. 1st. RUFFED GROUSE— (Pheasant) 
Wild Turkey, Oct. 15th, to Dec. 1st. PLOVER, 
SAND PIPER, WOOD COCK, REED BIRD, 
RAIL, (Ortolan) July 15th, to Dec. 20th. 
SNIPE— Oct. 15th, to March 1st. DUCK— 
(except wood duck) GOOSE, BRANT, Sept. 
1st to April 2Dth. Foreign game birds, wood 
duck, no open season. English Sparrows, 
Owls, Hawks, Eagles, Crows and King Fish- 
ers, may be killed at any time; all other non- 
game birds are protected at all times. 

BAG LIMITS— 12 quail, G ruffed grouse, 2 
wild turkeys in a day, or 9G quail, 25 ruffed 
grouse, G wild turkeys in a season. 

FISH. 

JACK SALMON (commonly called Jack 
lish or white salmon) June 15th, to April 
15th. TROUT or landlock salmon, April 1st 
to Sept 1st. Black, green, willow and rock 
bass, pike or pickerel, June 15th, to April 
15th in Brooke, Hancock and Ohio counties, 



63 

the open season on the last named fish is 
from May 29th to April 15th. 

UNLAWFUL 

To hunt or fish on Sunday; to hunt or fish 
on the enclosed or improved lands of an- 
other, without written permission; to sell or 
buy, or transport out of the State, or serve 
at hotel or restaurant — protected birds, game 
or fish; to maintain a dam or other thing 
which obstructs the easy passage of fish up 
or down the stream, without a suitable fish- 
way; to allow to enter any stream of water, 
saw-dust or other matter deleterious to fish; 
to catch fish, kill birds or game out of sea- 
son; to use seines, except in the Ohio river, 
when properly registered; to kill or catch 
game fish, except with rod, hook and line, oi- 
ly trot line; to set out forest fires; to catch 
fish under size, as prescribed by law; to 
catch by seine, net, bait, trap or snare, or 
any kind of device — wild turkey, ruffed 
grouse or quail; to shoot or discharge fire 
arms across any public road, or within 400 
feet of any school house, or on the lands of 
another — within 600 feet of an occupied 
dwelling house; to hunt without a license, 
unless you are a citizen of West Virginia. 
To carelessly wound or kill any human be- 
ing, or any live stock constitutes an offense 
punishable by a fine not to exceed one thou- 
sand dollars, and a jail sentence of one 
year. 



64 

FELONY. 



To use any dynamite, or other explosive 
mixtures for the purpose of killing fish. To 
hunt, chase, wound or kill any elk in this 
state prior to February 21, 1928. 



ERRATA 

Since the publication of this book thefollow- 
m chafes have been made in the Federal 
Migratory Bird Law. 

OPE2J SEASONS 
eetive October 1, 1913 
Brant, ducks and geese Go : >t. 1 to Dec. 16 
Rails, coots and gallinules Sept. 1 to Dec 1 

Woodcock | W w n t 

r,, , , ~ t>ct. 1 to Dec. 1 

■Black-breasted and golden 
Plover, jacksnipe or Wilson 
snipe, greater and lesser yel- 

J°Z 1 ^ ^;t. 1 to Dec. 16 

Wood duck-Closedseason until Sept. 1, W8 
All hunting- pro! on Sunday. 

Ail hunting- of migratory birds between sun. 
set and sunrise prohibited. 



LIBRARY OF CONGRESS 



002 911 074 8 




